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The Waiver Process
August 21, 2015
Last school year, over the course of 12 meetings, the MHSAA Executive Committee received 467 requests from member schools to waive either a minimum standard for student eligibility or a maximum limitation on competition. Three hundred sixty-two of these requests for waiver were approved. That’s 78 percent.
This was a typical year – neither a record high nor record low in the number of requests, or of waivers approved.
Under the MHSAA Constitution, to at least some degree, every Handbook regulation may be waived by the Executive Committee. However, it is an abuse of authority if there is not a compelling reason for the waiver – that is, a clear case where the rule works an undue hardship (not just any hardship) on a student or school, or the rule fails to perform its intended purpose in the particular and unique circumstances documented.
There are times when school administrators will disagree with an Executive Committee determination, and more times when parents will disagree – and sometimes the difference of opinion leads to unjustified attacks on the MHSAA or individuals. This is unfortunate, but inevitable when critics see their situation alone and not in the context of past and future precedent.
Nevertheless, in recent years, fewer than one in 400 waiver requests that is not approved has been appealed to the full MHSAA Representative Council. I believe this reflects not only that the Executive Committee has been getting the decisions right, but also that those who are making the requests have felt well heard and served.
We work hard to create that atmosphere, even in the presence of emotional, invested parents who are advocating for their children. From a real live receptionist who greets every telephone caller, to our associate director who helps administrators prepare each request to the Executive Committee, we strive to present every request for waiver in its best factual light and every rule involved in its complete educational and historical context.
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Membership Renewal
May 23, 2017
Unlike classroom courses of our schools, the interscholastic athletic program requires opponents; and to help promote a level playing field for competition, the interscholastic athletic program requires some organization to provide a forum to assist in developing competitive standards and to help assure they are maintained. For many years, many schools have worked through the Michigan High School Athletic Association to establish a common set of rules, for the orderly administration of an interscholastic athletic program, which promotes academic integrity and competitive equity.
According to Michigan Attorney General Opinion #4795 of 1977, any local board of education that desires to do so may voluntarily join the MHSAA by adopting the rules of the association and agreeing to enforce those rules with respect to its schools. Institutional control remains the key to this organization.
MHSAA membership is free of charge, and there is no entry fee to participate in MHSAA tournaments. But while MHSAA membership is free of costs, it’s not free of responsibilities. The expectations of member schools include:
- Educating student-athletes, staff and other involved personnel about MHSAA rules and procedures.
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Monitoring compliance year-around.
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Investigating possible violations and reporting findings.
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Administering penalties.
Each school district that agrees to these responsibilities must say so by means of an annual board of education resolution. The resolutions have just been mailed to all superintendents for the 2017-18 school year.
Each school district that wishes one or more schools to participate in MHSAA tournaments and benefit from MHSAA services must schedule on its board of education agenda the adoption of the MHSAA Membership Resolution. The Resolution should be signed in sufficient time to prevent a lapse in membership (before August 1). A lapse in membership, even though for only a week, can create unnecessary problems should there be claims under the $1,000,000 accident medical insurance plan or the concussion care gap insurance or if eligibility rulings are to be made during that period.